GATZIMOS v. GARRETT et al

Filing 160

ORDER - Dr. Gatzimos asks the Court to relieve him of that judgment, but merely rehashes arguments already considered by the Court and has not provided the Court with any newly discovered evidence. Accordingly, Dr. Gatzimos' 155 Motion to Alter or Amend Judgment and Reconsider Summary Judgment Ruling is DENIED. Signed by Judge Larry J. McKinney on 10/15/2010. (REO)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ALEXANDER C. GATZIMOS, M.D., Plaintiff, vs. MICHAEL GARRETT, et al., Defendant. ) ) ) ) ) ) ) )

1:04-cv-00740-LJM

ORDER ON PLAINTIFF'S MOTION TO ALTER OR AMEND JUDGMENT AND RECONSIDER SUMMARY JUDGMENT RULING This matter comes before the Court on plaintiff's, Alexander C. Gatzimos, M.D. ("Dr. Gatzimos"), Motion to Alter or Amend Judgment and Reconsider Summary Judgment Ruling (Dkt. No. 155). On April 29, 2010, the Court issued its Order on defendants', Michael Garrett, Michael Morris, and Gretchen Yordy (collectively, the "Defendants"), Motion for Summary Judgment, in which it granted summary judgment for Defendants on all of Dr. Gatzimos' claims. Dkt. No. 153. Dr. Gatzimos asks the Court to relieve him of that judgment, but merely rehashes arguments already considered by the Court and has not provided the Court with any newly discovered evidence. See Oto v. Metropolitan Life Ins. Co., 224 F.3d 601, 606 (7th Cir. 2000) ("To prevail on a motion for reconsideration under Rule 59, the movant must present either newly discovered evidence or establish a manifest error of law or fact.").

Accordingly, Dr. Gatzimos' Motion to Alter or Amend Judgment and Reconsider Summary Judgment Ruling (Dkt. No. 155) is DENIED. IT IS SO ORDERED this 15th day of October, 2010.

________________________________ LARRY J. McKINNEY, JUDGE LARRY J. McKINNEY, JUDGE United States District Court United States District Court Southern District of Indiana Southern District of Indiana Distribution to: Michael K. Sutherlin MICHAEL K. SUTHERLIN & ASSOCIATES, PC [e-mail] Samuel Mark Adams MICHAEL K. SUTHERLIN & ASSOCIATES, PC [e-mail] Betsy M. Isenberg Indiana Attorney General's Office [e-mail] Akia Haynes Indiana Attorney General's Office [e-mail]

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